V.Dhakshinamoorthy, v. The State Of Tamil Nadu,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.09.2024

CORAM

THE HONOURABLE MR.JUSTICE C.KUMARAPPAN V.Dhakshinamoorthy ... Petitioner Vs 1.The State of Tamil Nadu, represented by its Principal Secretary to Government, Finance (PGC) Department, Fort St.George, Chennai 9.

2.The Director of Treasuries and Accounts Panagal Building, Saidapet, Chennai 15.

3.The Principal Accountant General, (A&E) Tamilnadu 261 Anna Salai Teynampet Chennai 600 018.

... Respondents PRAYER: Writ petition filed under Article 226 of the Constitution of India, praying to issue a writ of Certiorarified Mandamus calling for the records relating to the impugned order of the 1st respondent in G.O.Ms.No.363 Finance (PGC) Department dated 23.08.2013 and quash the same in so far as it denies the benefit of conversion of dearness allowance as dearness pay on 1/4

retirement for those who retired on or after 01.01.1996 and direct the respondents to convert the dearness allowance as dearness pay with effect from 01.03.2000 and calculate the revised pension and grant him all consequential benefits.

For Petitioner : Ms.T.Divya for M/S.S.Selvathirumurugan For Respondents : Mr.S.Rajesh, Government Advocate for R1 and R2 Mr.V.Murali for R3

O R D E R

The instant writ petition has been filed to quash the G.O.Ms.No.363 Finance (PGC) Department dated 23.08.2013.

2. On perusal of the typed-set, it appears that the petitioner has already sent representation dated 06.03.2015 to the respondents, however, no order has been passed. The learned counsel for the petitioner having filed the writ petition to quash the G.O.Ms.No.363, at this length of time, instead of going into the merits, now prays for a restricted relief of direction to the respondents to consider the representation. Therefore, this Court is of the view that it is appropriate to direct the respondents to consider the 2/4

representation of the petitioner.

3. Since the petitioner seeks limited relief without going into the merits of the matter, a direction is issued to the respondents to consider either the representation which was already given by the petitioner dated 06.03.2015 or any other new representation in accordance with law and on its own merit. Such exercise shall be completed within a period of eight weeks from the date of receipt of a copy of this order.

4. In the result, the writ petition stands disposed of. No costs. 27.09.2024 Index : Yes/No Speaking Order : Yes/No shk 3/4

C.KUMARAPPAN, J.

shk To:

1.The Principal Secretary to Government, Finance (PGC) Department, Fort St.George, Chennai 9.

2.The Director of Treasuries and Accounts Panagal Building, Saidapet, Chennai 15.

3.The Principal Accountant General, (A&E) Tamilnadu 261 Anna Salai Teynampet Chennai 600 018.

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